Johnny Depphas a long road ahead of him in his defamation lawsuit againstAmber Heard, a legal expert tells PEOPLE.
“In terms of the trial in Virginia right now, I think Johnny Depp has an uphill battle,” Daniel Gutenplan, entertainment litigator, defamation expert and a partner at Enenstein Pham & Glass, tells PEOPLE.
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He adds, “Defamation is very hard to prove. First and foremost, truth is an absolute defense to any defamatory statement. So regardless of the alleged defamatory statement, if a defendant can establish that it is true, the defense is going to win.”
Amber Heard (L); Johnny Depp.Venturelli/Getty; John Phillips/Getty
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He points out that Heard’s essay never name-dropped Depp and “doesn’t detail any specific alleged events or any specific conduct. It is incredibly general in that regard.”
Gutenplan also says that winning a defamation case “has to be based on facts,” adding: “It can’t be based on opinion. And that’s where a lot of defamation plaintiffs get in trouble.”
Johnny Depp.EVELYN HOCKSTEIN/POOL/AFP/Getty
Depp’s case is still ongoing despite Heard’s previous attempts to get it dismissed, ultimately giving thePirates of the Caribbeanstar “his day in court,” Gutenplan says, adding, “clearly the judge…to some extent thinks there’s legs, and at least the jury should decide.”
“When we’re talking more about defamation, it really does come down to he said, she said, or he said, he said, or she said, she said, whatever it might be, but it’s an opinion of two people and the defamation claims are oftentimes not reduced to writing,” Gutenplan reiterates.
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Though he says he is uncertain how long the trial will last, Gutenplan estimates it is expected to go for up to seven weeks, with either side likely to appeal should they lose. It could take months and even years to reach a final resolution, he says.
Gutenplan adds, “It’s impossible to say now, because we don’t know what necessarily is going to happen.”
source: people.com
